New York Rohypnol

Rohypnol is a brand name for the depressant flunitrazepam that is typically available in pill form. While Rohypnol has valid medical uses such as a treatment for anxiety, insomnia and as a pre-surgery anesthetic, it is not legal in the United States. Sometimes referred to as rophies, roach, and the forget-me pill, Rohypnol is considered a club drug as it is frequently used by young adults and teens at raves, clubs, bars and house parties. Rohypnol causes extreme drowsiness, memory loss, and dizziness. It can be addictive. In addition, Rohypnol along with GHB, has the dubious distinction of being known as a date rape drug. Rohypnol can be slipped into someone else's food or drink without that person's knowledge, causing that person to become drowsy and dizzy. As a result, it is easy to take advantage of the person under the influence of Rohypnol and sexually assault that person. Because Rohypnol can also cause anterograde amnesia, it is sometimes difficult for those who were given Rohypnol to remember the events that occurred while on the drug. Because of the dangers associated with the use of Rohypnol, law enforcement aggressively seeks to arrest and convict those accused of Rohypnol drug crimes. If you have been charged with a drug crime related to Rohypnol you should immediately contact an experienced New York Rohypnol lawyer who will review the facts of your case and work with you to develop a vigorous defense against the charges.

The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with drug crimes and other serious crimes such as sexual assault and burglary. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case.

Types of Rohypnol drug crimes

Crimes related to Rohypnol generally fall into 2 main categories: possession and sale or distribution. Since Rohypnol is a controlled substance, New York's controlled substances laws apply to the possession and sale of Rohypnol. In addition, if you use Rohypnol to commit a sexual assault, you could face a sex crime charge.

Possession of a controlled substance offenses

In general, criminal possession of a controlled substance involves knowingly and unlawfully possessing Rohypnol, or other controlled substance. There are 3 offenses related to the possession of Rohypnol. Criminal possession of a controlled substance in the seventh degree is the minimum charge that you could face for possessing Rohypnol. It is a class A misdemeanor. The maximum possible sentence is up to 1 year in jail. N.Y. Pen. Law § 220.03.

If you possess enough Rohypnol that law enforcement concludes that you intend to sell, then you will face a possession with intent to sell charge, which is c riminal possession of a controlled substance in the fifth degree . It is a class D felony. If convicted you could face a sentence of up to 7 years in prison. N.Y. Pen. Law § 220.06. The most serious Rohypnol possession crime is c riminal possession of a controlled substance in the fourth degree . You will have committed this crime if you possess at least 2 pounds of Rohypnol or other controlled substance that is classified as a depressant. It is a class C felony. N.Y. Pen. Law § 220.09

Sale of controlled substance offenses

Criminal sale of a controlled substance occurs when you sell an illegal drug such as Rohypnol. Criminal sale of a controlled substance in the fifth degree is the minimum charge that you could face for selling Rohypnol or any other controlled substances. N.Y. Pen. Law § 220.31. It is a class D felony. The possible sentence is up to 7 years in prison. If you sell at least 2 pounds of a depressant such as Rohypnol you will face a charge of criminal sale of a controlled substance in the fourth degree, a class C felony with a possible sentence of up to 15 years in prison. N.Y. Pen. Law § 220.34. If you sell Rohypnol at or near a school, day care center, other educational facility, or on or near a school bus, you will face the charge of criminal sale of a controlled substance in or near school grounds . It is a class B felony with a possible sentence of up to 25 years in prison. N.Y. Pen. Law § 220.44. Furthermore, if you are 18 years old or older and you knowingly involve a child in selling Rohypnol, you could be charged with use of a child to commit a controlled substance offense. It is a class E felony with a possible penalty of up to 4 years in prison. N.Y. Pen. Law § 220.28

Rohypnol sex crimes

Rohypnol is a common date rape drug. If you somehow give Rohypnol to another person without that person's knowledge and then sexually assault that person, you will face a charge of facilitating a sex offense with a controlled substance. It is a class D felony with a possible sentence of up to 7 years in prison. N.Y. Pen. Law § 130.90

Sentencing

The penalty that you will receive for a Rohypnol drug crime will be determined based on factors such as the classification of the crime as well as your prior criminal history. If you are a first time offender, you will likely receive a sentence that is relatively light. On the other hand, if you have one or more prior felony convictions the law requires that you be sentenced to at least a minimum amount of prison time.

Those who commit drug crimes are often have substance abuse problems. Recognizing this, New York offers an alternative sentencing program called Drug Treatment Court to defendants who suffer from substance abuse and who meet other eligibility requirements. The other eligibility requirements include:

  • You must not have had a violent felony conviction in the last 10 years
  • Your pending criminal charge must be a B, C, D, or E felony
  • You must agree to a plea agreement that requires you to plead guilty to your pending criminal charge
  • Your substance abuse problem is a contributing factor to your criminal activity
  • You must be likely to benefit from the Drug Treatment Court program

If you follow all of the rules associated with Drug Treatment Court and successfully complete the program, then the judge will take this into consideration when sentencing you for your pending charge.

Contact the Law Offices of Stephen Bilkis & Associates

If you are convicted of a Rohypnol drug crime in New York or of a drug-related sex crime, it is not likely that you will get off with a slap on the wrist. Penalties for controlled substance crimes and sex crimes tend to be harsh, involving both prison time and stiff fines. Because of these potential dire consequences of a conviction, if you have been charged with a Rohypnol offense, you should immediately contact an attorney who has experience defending those accused of a drug crime. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been accused of possession of Rohypnol, distribution of Rohypnol, as well as other drug offenses. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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